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ORDER No

ORDER No. 32-L/CTN of the President of the State on the 3rd of June, 1994 promulgating the Ordinance on the Protection of Defense Projects and Military Zones.- (Summary)

ORDINANCE ON THE PROTECTION OF DEFENSE PROJECTS AND MILITARY ZONES

To enhance the efficiency of State management, raise the sense of responsibility of State offices, the people's armed forces units, economic organizations, social organizations and all citizens in caring for and protecting the defense projects and military zones with the aim of maintaining a high defense capability and serving the defense and construction of the Socialist Republic of Vietnam;

Proceeding from Article 44, Article 48 and Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;

This ordinance provides for the protection of defense projects and military zones.

Chapter I

GENERAL PROVISIONS

Article 1.- The defense projects and military zones are the property of the State given to the charge of the people's armed forces and the administration at various levels for construction, management, utilization and protection with the aim of defending and building the Socialist Republic of Vietnam.

Article 2.- The defense projects are projects built and natural terrains improved and put in service of the defense of the Fatherland.

The military zones are zones specifically demarcated for military purposes.

Article 3.- The State offices, the people's armed forces units, economic organizations, social organizations and all citizens are responsible for protecting the defense projects and military zones, and are obliged to observe the laws on their protection.

Article 4.- The defense projects and military zones must be planned and used rationally for the set purpose and with high efficiency.

Those organizations and individuals who wish to build economic and dwelling projects affecting defense projects and military zones must seek the advice of the office in charge of the management of the defense projects and military zones concerned and must apply for permission from an authorized administrative level prescribed by the Government.

Article 5.- All activities to protect defense projects and military zones must be in accordance with law.

The protection of defense projects and military zones must be combined with the protection of mineral resources, historic and cultural relics and scenic spots, and must be undertaken with respect for the legitimate rights and interests of organizations and citizens.

All acts which cause damage to defense projects and military zones must be duly punished in accordance with law.

Chapter II

THE PROTECTION OF DEFENSE PROJECTS AND MILITARY ZONES

Article 6.- The defense projects and military zones are demarcated by an authorized administrative level. Depending on the character of each defense project and military zone, the authorized administrative level shall decide whether or not to mark off a forbidden area, a protected area, or a safety belt.

Article 7.- The defense projects and military zones are classified and each has its own regulations for protection depending on its character and utilization purpose.

The utility value and design age of the defense projects and military zones must be kept secret and safe, as required by their designs and economic and technical feasibility studies; and their specialized equipment and materials must be strictly controlled.

Article 8.- The People's Committees at various levels are obliged to protect or join the units concerned in protecting the defense projects and military zones in their localities as prescribed by the Government. The people's armed forces units are directly responsible for protecting the defense projects and military zones under their management and utilization.

The People's Committees at various levels and the people's armed forces units must coordinate their plans in regularly protecting the defense projects and military zones to keep them from degrading or being used for the wrong purpose.

Article 9.- Any act of encroachment on, damaging or sabotaging defense projects and military zones is strictly forbidden; so is the building, exploitation and installation of equipment and other acts that may affect the structure, effect, safety and secrecy of defense projects and military zones.

Article 10.- All activities of residence, production and trading, entry and exit, traveling, filming and photographing and other activities in the forbidden area, the protected area and the safety belt of defense projects and military zones must abide by the Statute issued by the Government on the protection of defense projects and military zones.

Chapter III

STATE MANAGEMENT OF THE PROTECTION OF DEFENSE PROJECTS AND MILITARY ZONES

Article 11.- The Government exercises unified State management of the protection of defense projects and military zones with the following tasks and powers:

1. Guiding the planning of socio-economic development in association with the building and protection of defense projects and military zones;

2. Guiding and approving the overall planning, and providing budget allocations and materials and technical facilities for the management and protection of defense projects and military zones;

3. Guiding the compulsory purchase or the requisition with compensation of property of individuals or organizations in accordance with law in case of extreme necessity for the protection of defense projects and military zones, and for the national interest;

4. Issuing statutory provisions on the management and protection of defense projects and military zones;

5. Inspecting and examining the management, utilization and protection of defense projects and military zones.

Article 12.- The Ministry of Defense, assigned by the Government to exercise direct State management of the protection and utilization of defense projects and military zones, has the following obligations and powers:

1. Preparing draft laws on the management, protection and utilization of defense projects and military zones; issuing regulations on the management, protection utilization of defense projects and military zones in accordance with its authority;

2. Educating the officers, soldiers and defense workers in the sense of strictly abiding by the regulations on the protection and use of defense projects and military zones;

3. Organizing the management, protection and utilization of defense projects and military zones, inspecting and examining it.

4. Dealing with violations of the regulations on the management, protection and utilization of defense projects and military zones in accordance with its authority.

Article 13.- The Ministry of Interior, other ministries, commissions of ministerial levels, and Government offices, in accordance with their capacity, have the following tasks and rights:

1. Combining the plan of social and economic development and their own work with the building, management and protection of the defense projects and military zones concerned; cooperating with the Ministry of Defense in the management and protection of defense projects and military zones;

2. Educating their cadres and personnel in the sense of strictly abiding by the regulations on the protection of defense projects and military zones;

3. Dealing with violations of the regulations on the protection of defense projects and military zones in accordance with their authority.

Article 14.- The People's Committees at various levels have the following tasks and powers:

1. Managing and protecting the defense projects and military zones in their localities as prescribed by the Government; combining the plan of social and economic development with the building and protection of defense projects and military zones in their localities; coordinating their protection plan with those of the people's armed forces units stationed in their localities;

2. Cooperating with the people's armed forces units in mapping the boundaries of defense projects and military zones and granting certificates of land use right in accordance with their authority;

3. Cooperating with the Fatherland Front and its member organizations and other social organizations in educating the people in the sense of strictly abiding by the provisions on the protection of defense projects and military zones;

4. Dealing with violations of the regulations on the protection of defense projects and military zones in accordance with their authority.

Chapter IV

REWARDS AND PENALTIES

Article 15.- Those organizations and individuals who are credited with achievements in the management and protection of defense projects and military zones will be commended and rewarded in accordance with the State's stipulations.

Those who are killed, injured or suffer damage to their health or property while participating in the management and protection of defense projects and military zones, shall be treated in accordance with the relevant State policies.

Article 16.- Those organizations and individuals who violate the prescriptions on the protection of defense projects and military zones shall be disciplined, fined or investigated for criminal responsibility depending on the character and extent of their violations.

Article 17.- Those who are entrusted with the management and protection of defense projects and military zones, but who either out of irresponsibility or by abusing their position and powers infringe upon mineral resources, historic and cultural relics, or the lawful interests of other organizations and individuals, shall be disciplined, fined or investigated for criminal responsibility depending on the character and extent of their violation.

Article 18.- Those organizations and individuals who by breaking the laws on the management and protection of defense projects and military zones cause loses to the State or to other organizations and individuals, shall be dealt with in accordance with Article 16 and Article 17 of this Ordinance and shall have to make compensations for the losses in accordance with laws.

Chapter V

FINAL PROVISIONS

Article 19.- All earlier provisions which are contrary to this Ordinance are annulled.

Article 20.- The Government shall make detailed provisions for the implementation of this Ordinance.

On behalf of the Standing Committee of the National Assembly,

Chairman

NONG DUC MANH